Do you need permission to move out of Tennessee after a custody battle?

It is not unheard of for a parent to relocate with his or her child after a divorce. When you plan to relocate with a child, it is crucial to remember that your choice will affect the other parent. For this reason, Tennessee Code states that you will need permission to move your child from Tennessee.

If a custodial parent moves within 50 miles or less of the other parent and remains in the state, then he or she will not have to seek permission from the court or send a notice to the other parent. A parent cannot send the notice later than 60 days prior to his or her move. This notice has to include the location of the new residence, the reason for planning said move and a statement of the intent to move. When received, the parent can relocate after 30 days if the other does not file any objection.

If there is an objection, then the courts determine whether the relocation is in a minor’s best interest. Courts determine whether relocation is necessary by judging several factors. The judge looks into the relationship between the child and both parents, along with the age and developmental stage of the child. In addition, the judge may look at the ability to preserve the relationship between a non-relocating parent and the child. The judge decides whether the move is necessary and healthy for the child.

None of the information provided is legal advice. It is simply educational information on whether you can move out of state with a child.